PEOPLE v. BROOKS


154 A.D.2d 931 (1989)

The People of the State of New York, Respondent, v. Dennis Brooks, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 6, 1989


Judgment unanimously affirmed.

Memorandum:

There is no merit to defendant's claim that the sentencing court erred in failing to honor its sentence agreement. Where, as here, the court expressly makes its commitment to impose a particular sentence subject to certain conditions and defendant violates one of the conditions, the court is no longer bound to the agreement and may impose a greater sentence without offering defendant an opportunity to withdraw his...

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